Terms of Use

The Edible Schoolyard NYC Web Site (the “Site”) is an online information service where you can learn about Edible Schoolyard NYC’s (ESYNYC) program to give children in New York City public schools access to healthy foods through hands-on experiences, and you can also donate to support our mission. The Site is available subject to your compliance with the terms and conditions set forth below. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of ESYNYC.

Terms and Conditions. Please read the following information carefully before using this Site. By using this Site, you agree to be bound by these Terms and Conditions. If you do not agree with any part of the Terms and Conditions, do not use this Site. ESYNYC reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time, and by using this Site after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

Disclaimer of Warranties; Limitation of Liability. THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. These warranties are hereby excluded to the fullest extent permissible by law. UNDER NO CIRCUMSTANCES SHALL ESYNYC BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE MERCHANDISE.

Donations. If you decide to donate to ESYNYC, you will be taken to a third-party site to complete the donation process. ESYNYC will not have access to your full credit card number.

Personal Information. Personal information transmitted to ESYNYC will be treated in accordance with our Privacy Policy.

Our Copyrighted Materials; Infringement Claims. The copyrights in all text, images, screens and other materials provided on this Site (collectively, the “Materials”) are owned by ESYNYC and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of ESYNYC or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the Materials infringe on any of your intellectual property rights, please contact ESYNYC immediately at the address provided below. Except as expressly provided herein, ESYNYC and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright three times.

Trademarks. Trademarks and service marks that may be referred to on this Site are the property of ESYNYC or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of ESYNYC or the ESYNYC logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain ESYNYC’s written permission in advance, although we permit you to use certain designated features of the Site to use our logo as a hyperlink for designated purposes.

Right to Preserve and Disclose. ESYNYC may preserve all information you provide. ESYNYC may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce these Terms and Conditions; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of ESYNYC, its users and/or the public; or (f) in the event that all or substantially all of ESYNYC’ assets are acquired by a third party.

Prohibited Actions. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (d) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (g) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, ESYNYC and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

Prohibition on Scripts, Bots, Third Parties, etc. You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.

Ownership of Usage Data. ESYNYC may collect and aggregate data about your usage of the Site, and ESYNYC shall be the sole owner of such information.

Links. Although ESYNYC controls a few hyperlinks in the Site, some links within this Site may lead to third-party sites. ESYNYC includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that ESYNYC is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. ESYNYC reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by ESYNYC, and may have different terms of use and privacy policies, which ESYNYC encourages you to review.

Must Be At Least 13 Years Old to Use This Site. At this Site ESYNYC makes no active effort to collect personal information from individuals under the age of thirteen (13). ESYNYC requires that Site users must be at least thirteen (13) years of age or older.

Site Controlled from United States. This Site is controlled from offices within the United States. ESYNYC makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF NEW YORK WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF NEW YORK IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.

Entire Agreement; Severability. You acknowledge that you have read and understood these Terms and Conditions and that you agree to be bound by its terms and conditions. You further agree that these Terms and Conditions, together with the Privacy Policy, which is hereby incorporated into these Terms and Conditions by reference, constitute the complete and exclusive statement of the Terms and Conditions between you and ESYNYC and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions is found unenforceable, it shall not affect the validity of these Terms and Conditions, which shall remain valid and enforceable according to its terms.
For further information, or inquiries about these Terms and Conditions, please contact:
Edible Schoolyard NYC
20 Jay Street, Suite M9
Brooklyn, NY 11211
347-565-0100Email Us
January 20, 2016

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